ORDER:

The petitioner seeks a writ of mandamus declaring the action of

3rd respondent in accepting the tender of 4th respondent, who offered a 17 + 1 high back seated bus instead of 15 + 1 seated push back shift bus, thus violating the tender conditions, as illegal, arbitrary and consequently direct the respondents to set aside the selection order of the 4th respondent and pass such other order which it deemed fit.

2. The 2nd respondent is the Indian Oil Corporation and the 3rd respondent is its Plant Manager. The 3rd respondent issued tender notification VJABP/PT/01/2020-21/Pickup bus dated 09.06.2020 inviting public tenders for positioning and operation of pick up bus for double shift operation at Kondapalli Bottling Plant (Vijayawada). The notification specified that one vehicle with specification of 15+1 seater push back shift bus was required for a contract period of one year and tender needs to be submitted by 29.06.2020 which would be opened on 30.06.2020. The petitioner and 4th respondent submitted their tenders. Though the 4th respondent did not meet the essential requirement of push back seats, however, the 2nd respondent Corporation, accepted the tender of 4th respondent be